Miller v Miller; McFarlane v McFarlane [2006] UKHL 24, [2006] 1 FLR 1186
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Domestic Abuse, Nuptial Agreements and Financial Remedies: A Cultural Shift?
As family practitioners will know, the dynamics involved in negotiating nuptial agreements are no less nuanced than those in other parts of our work. There can be power imbalances, cultural clashes and differing perceptions of fairness.
As we become more alive to the prevalence and forms of domestic abuse and
Principles vs Resources: Conduct and the Law Commission Scoping Report
The Law Commission’s long awaited scoping report[[1]] on financial remedies was published on 18 December 2024. It concludes that the law relating to financial remedy should be reformed. We asked the Law Commission to clarify whether their concerns in respect of the fairness of the outcomes was restricted
Dealing with Private Equity Investments in Financial Remedies Cases
Investments in private equity funds are a feature of some ‘big money’ divorce cases. In some cases, investments have been made in private equity funds and those investments, or profit sharing entitlements deriving from them, form part of the matrimonial or non-matrimonial property of the parties. The main difficulty in
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Domestic Abuse, Nuptial Agreements and Financial Remedies: A Cultural Shift?
As family practitioners will know, the dynamics involved in negotiating nuptial agreements are no less nuanced than those in other parts of our work. There can be power imbalances, cultural clashes and differing perceptions of fairness.
As we become more alive to the prevalence and forms of domestic abuse and
Betting the Farm
‘The beleaguered Judge looked from farming case to financial remedy case, and from financial remedy case to farming case, and from farming case to financial remedy case again; but already it was impossible to say which was which.’
In an area of law that has many dedicated sub-genres, few are
Financial Remedies – Next Steps on the Road to Reform?
1.1 On 18 December 2024 the Law Commission published its Scoping Report on financial remedies on divorce and dissolution.[[1]] The Scoping Report sets out our findings that the current law does not provide a cohesive framework in which couples going through a divorce can expect fair and sufficiently
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Of Dogs and Divorce
Of dogs and divorce: why treating pets as chattels is an anachronism.
This is Ernest, our beloved English bull terrier. According to English law he has the same status as the chaise longue upon which he is performing his Kate Winslet impersonation. How can this be right? How can he
Pre-Nuptial Agreements: an ‘Oven-Ready’ Solution to a Pressing Problem? A House of Lords Debate
Late last month, Baroness Deech brought a motion in the House of Lords, ‘That this House takes note of the law relating to prenuptial agreements’.
The debate came against the backdrop of Baroness Deech having (of course) long pursued financial remedies reform through her Divorce (Financial Provision) Bill. She has
Stamp Duty Land Tax and Divorce
This is sometimes the forgotten tax on divorce. Maybe this is fair enough as there is a pretty clear exemption in tax law that states that stamp duty land tax (SDLT) will not apply to transfers pursuant to divorce.
However, the last few years have seen the introduction of two